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Judgment
T. Mathivanan, J.—This Civil Miscellaneous Appeal is directed against the award of Rs. 7,80,000/- as against the claim of Rs. 25,00,000/-, dated 18.12.2006 and made in MCOP No. 574 of 2006 on the file of the Motor Accident Claims Tribunal (Principal District Court), Madurai.
The facts which are absolutely necessary for the disposal of this Civil Miscellaneous Appeal are as under:
That on 31.01.2006, at about 00.30 a.m, the TVS Champ moped bearing Registration No. TN-65-A-5827 in which the deceased S. Naganathan was travelling was hit by the Lorry bearing Registration No. TN-31-0131 near Pattinamkathan Check Post at Ramanathapuram to Rameshwaram Road and as a result of which, the deceased had succumbed to injuries instantaneously on the spot. In this connection, a case was registered in Crime No. 38 of 2006 u/s 304(A) of I.P.C on the file of the Ramanathapuram Kenikarai Police Station. Hence, the claimants being the wife and sons of the deceased, had filed a claim petition in M.C.O.P. No. 574 of 2006 on the file of the Motor 3 Accidents Claims Tribunal (Principal District Court), Madurai, claiming totally a sum of Rs. 25,00,000/- towards compensation.
The first Respondent being the owner of the vehicle had not chosen to appear before the Tribunal, as he remained ex-parte. The second Respondent being the insurer of the Lorry had alone contested the claim petition on various grounds.
On appreciation of the evidences both oral and documentary and the other materials available on record, the Claims Tribunal had awarded a sum of Rs. 7,80,000/- directing the second Respondent herein to pay this amount on behalf of the first Respondent. Neither the first Respondent nor the second Respondent in the claim petition has challenged the award, instead the claimants, being dissatisfied with the award, have approached this Court for enhancement of compensation.
Heard both sides.
It is evident from the materials that the deceased was aged about 56 4 years at the time of accident. It is also revealed that he was working as a Divisional Engineer at BSNL Karaikudi and earning a sum of Rs. 28,469/- as his Gross Salary per mensem This has not been admitted by the learned Counsel for the second Respondent/Insurance Company.
The learned Counsel for the second Respondent/Insurance Company would submit that since the deceased was earning a sum of Rs. 28,469/-being the Gross Salary per mensem he had to necessarily pay income tax at the end of the Financial Year and therefore, two months salary could be deducted towards income tax. Secondly, he has submitted that since he was died at his age of 56, the multiplier of "9" can be split into two compartments.
1) Firstly - From the age of 56 to 60 - Multiplier "4".
2) Secondly - From the age of 60 to till his life time - Multiplier "5".
Insofar as the first compartment is concerned, the quantum is being arrived at as under:
Gross Salary Rs. 28,469/-
The Annual Dependency of the family (Rs. 28,469 X 10 X "4") Rs. 11,38,760/-
Deducting 1/3 towards the personal and living expenses of the deceased Rs. 3,79,586/-
2/3 remainder would be Rs. 7,59,173/-
Quantum of the first Compartment
Insofar as the second compartment is concerned, from the age of 60 to till his life time, the half of the amount of the Gross Salary of Rs. 28,469/-has to be taken into consideration towards the pension of the deceased after his retirement on his superannuation at the age of 60. Therefore to arrive at the quantum of the second compartment:
Rs. 28,469 X 12 X 5 --------------------= Rs. 8,54,070/- 2
Deducting 1/3 towards the personal and living expenses of the deceased Rs. 2,84,690/-
2/3 remainder would be Rs. 5,69,380/-
Quantum of the second Compartment is Rs. 5,69,380/-
Quantum of the first Compartment Rs. 7,59,173/-
Quantum of the second Compartment Rs. 5,69,380/-
Total Rs.13,28,553/-
Total loss of income of the family is Rs.13,28,553/-
Accordingly, the claimants are actually entitled to get a sum of Rs. 13,28,553/-. The second Respondent/Insurance Company by way of indemnifying the liability of the first Respondent is directed to pay this amount to the Appellants/claimants with interest at the rate of 7.5% per annum from the date of petition till date of realisation. (The decision in 1.K. Perumal 2. The New India Assurance Company, Private Limited, Madras - 1 v. Tmt. Kamalabai and three Ors. reported in 2004 (2) TN MAC (DB) followed).
In the result, the Civil Miscellaneous Appeal is allowed and the award of Rs. 7,80,000/- has been enhanced to Rs. 13,28,533/-. The second Respondent being the Insurer by way of indemnifying the liability of the first Respondent is directed to pay this amount to the Appellants/claimants with 7 interest at the rate of 7.5% per annum. No costs.